ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Public Hearing Meeting

Wednesday, August 16, 2006

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman (7:50p.m.);Ted Stewart (7:50p.m.); Joseph Guischard; Chuck Earley

Alternates: Susan Miner;

Circuit Rider: Glen Greenwood

Ms. Killam called the meeting to order at 7:40p.m.

Correspondence

Incoming

Board of Adjustment o Boyle Construction dated 7/18/06 re: Wetland Variance approval on 20 Winslow Dr., Map 13, Lot 29-7.

Keach-Nordstrom Associates Inspection Reports for Deer Run Road;Jameson Ridge; Brittany Lane; Carriage Chase Estates; Ashford Lane; Hitchcock Lane and Little River Lane. (Some bond evaluations).

Planning Board Budget Printout dated 7/31/06. (Few items need to be reviewed with Russ).

Letter from Betty Ann Stewart dated 7/28/06 re: support of scenic byway designation.

Haverhill Legal Notice for meeting of 8/9/06. (Rezoning: Leigh Komornick brought this to members attention where off Hilldale Ave., an application of Lewis Bldrs. to amend the IP zone to include another 19 acres. They received a favorable response and will meet with the City Council on 9/12).

Brooks Properties dated 7/31/06 re: Plan for resubmittal of Site Plan on Rte. #111 property.

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(Revised and will resubmit for a primary use.)

Selectmen Minutes dated 7/5/06.

SFC Engineering dated 8/2/06 re: Route 111, Brooks Properties IV. (Update the status/they expect a wetlands crossing permit to be issued within two weeks.)

Keach-Nordstrom Invoice dated 7/31/06 re: Brooks Properties balance of account for review services.

New Flyer: The coordinator Connection.

Rockingham Planning Commission re: Master Planning and Atkinson’s grant received.

Email re: starting budget planning for next year.

Outgoing

Mr. & Mrs. Robert Leavitt/Mr & Mrs Thomas L’Italian dated 7/24/06 re: Approval of Lot Line Adjustment Plan on Providence Hill Road, Map 6, Lot 21 & 21-1.

Brooks Properties, IV dated 7/24/06 re: Commercial Site Plan, Rte #111. (Recap the status)

Town Clerk Memo dated 7/21/06 re: Subdivision Regulation Change to Section 380:1. (Amendment)

Approval of the minutes of the last two meetings was moved to the end of this meeting.

Ms. Killam opened the meeting to the televised audience at 7:50p.m.

No Public Hearings to be held, as there were no new applications received.

DISCUSSION:

Issue # 1-Lewis Bldrs., Inc. were offering to update the Board on the progress/status of the Country Club site plan. Present: Peter Lewis and Chris Frye with several business associates.

Mr. Frye reported regarding this project this past spring an amendment was added to the zoning to allow four-story buildings on the golf course. They have met with Ross Moldorf(?sp), Town of Salem, Planning Director, to discuss the regional impact and to obtain his input on the project. One topic of impact was traffic and conducting a traffic study. Mr. Moldorf’s concern involved 4-5 intersections to analyze.

Mr. Frye has spoken to Steve Keach, the town engineer regarding this traffic study as well. They have retained a traffic consultant, Laura Grasseo; and the traffic counts and the study are well under way. Ms. Killam asked if the intersections were all in Salem; and Mr. Frye answered they analyzed 3 traffic intersections in Salem and 2 in Atkinson. As a result of the report, Mr. Moldorf suggested they may be required to go before the Salem Planning Board; or after review of the site plans, the Salem Board may just sit in on Atkinson’s meeting.

They anticipate having the site plans ready to go before the Board in October. In terms of development of the project they intend to utilize the constructed wetlands on site; and the sewage treatment facility. Ms. Killam asked Mr. Frye to elaborate on this. He said a constructed wetlands treatment facility is a series of wetlands cells, from the Country Club, which are filtered and disinfected and the used to irrigate the golf course. The Planning Board was interested in this concept earlier; and he extended an invitation to the Board to view the facility.

In addition, he noted that the Hampstead Area Water Co., will be providing the water supply for this project; Ms. Killam asked if this would tip the scales for the large water withdrawal. Peter Lewis answered that they have hired a consultant who is going through that process now. Jack McKenna is investigating the current water supply and how to expand the source capacity. Mr. Lewis explained that he is doing an overall study of everything that Lewis Builders has in Atkinson to see what the needs are now and the future demands of 5-10 years down the road. Ms. Killam asked if this would impact on our neighbors; the answer was yes.

Mr. Frye asked, regarding Mr. Mark Fugere, who did the recent re-analysis for them, for the Board’s approval to allow them to retain Mark to work on this project as he has a broad knowledge of planning in general and did a good job on the analysis. They asked because of Mr. Fugere’s past relationship with the Planning Board. The consensus from the Board was that this was a good plan and not a conflict for the Board as he had only worked on the zoning change.

Mr. Frye asked who would review this plan when the application is submitted; would it be Mr. Keach, or the Planning Board, or would it be Master Planning. Mr. Greenwood would be looking at it and the affects on the Master Plan; and suggested a meeting in Sept. before going to the Planning Board. Ms. Killam noted that Steve Keach will review the plan for the engineering and technical aspects.

Ms. Killam noted since Ross Moldorf raised the issue of regional impacting, and Mr. Frye noted his basic concern was with traffic only, she suggested since there is an indication of potential regional impacting, the Board consider the need to notify more surrounding towns. Mr. Greenwood noted the statutes state that the Planning Board makes the determination of which communities to notify; and Ms. Killam added that this was at the point of acceptance. It would be preferable to do at the beginning and not lose any time in the process.

Mr. Lewis asked if notice needed to go only to the abutting towns; and Mr. Greenwood added that a copy of the plan had to be sent to the Regional Planning Commission for review (Mr. Greenwood is from this office.) It can also be towns beyond abutters if the impact is deemed to be drastic. He exemplified the Loudon race tract and the impact to the traffic network. Board members reviewed which towns should be notified: Salem, Plaistow, Hampstead, Windham, Derry, and Haverhill. As Mr. Stewart pointed out, most of these towns have the same types of services and housing. Regarding the traffic, the initial report received was that traffic would be minimal for Atkinson. It is understood that Salem should be concerned for Hooker Farm Rd., Shannon Rd., and Rte. 97. Beyond Rte. 121, Rte. 111 and Rte. 28 should not be a concern for impact.

Windham was eliminated, leaving 5 towns. Ms. Miner suggested adding Methuen on the other side of Rte. 97. Mr. Stewart noted 97 was a routed state road and once people are past to the mega routes, the impact is a state issue. Ms. Killam suggested more notification rather than less; Methuen was added to the list of Towns. The primary exit from the development will be on Shannon Road.

Mr. Guischard asked when these letters had to go out; answer, the first notification is 15 days prior to the meeting and the developer sends them out. Mr. Frye reiterated visiting the treatment facility; and Mr. DiMaggio asked if they assume the need to increase or was it over-designed. Mr. Frye answered that it was over-designed; usage now is about one-third, leaving capacity for two buildings (32 units). They have rain water, treated waste- water, and water in the constructed wetlands; they also aerate water in a solar-bee which turns the water over in the holding pond. Mr. Lewis noted the need for a larger holding pond. The water has to be held for six months before it can be sprayed on the golf course (current limitation).

Planning Board members will plan to meet for a tour Wed., 8/23 at 7:30a.m. at the golf course parking lot. There are 4 lagoons (4 cells) and one big holding pond. **The Board members asked that Shirley send them reminders of this meeting on Tuesday.**

Questions from the Board: Mr. Stewart asked when to expect to see a formal site plan; Mr. Frye answered realistically, October as they need to firm up a number of items such as buildings, wetlands, a drainage study, etc.

Mr. Guischard asked initially how many buildings would be built; answer 2 of the 9 planned to see the salability.

Mr. Greenwood asked if they anticipated that this project would require a large ground water withdrawal permit from the state; and Mr. Lewis answered yes. Mr. Greenwood suggested the need to watch that process.

Ms. Killam noted that the only discussion today was about these large buildings, and asked if Lewis Bldrs. had plans for an overall concept of the site in terms of other housing at some point down the road. Mr. Lewis had none specifically, but this was the reason for retaining a planner so to see if there is potential. There was one area at the entrance of the golf course, perhaps a second phase.

DISCUSSION CONTINUED:

Issue # 2-Master Plan update and quest for sub-committee volunteers.

Ms. Killam reported meeting with Glen Greenwood, Circuit Riders, in Exeter, to review the chapters in the Master Plan book and sketch out those chapters on which to concentrate this fall. Four major chapters were decided: Historic & Cultural, Community Facilities, Natural Resources, and Existing Land Use. There are other chapters that fall in line well with Mr. Greenwood’s people helping and using the grant money: housing element and transportation.

There is a small core group, that meets as the Master Plan Committee; they have been working towards developing the questionnaire to send out to the Townspeople. The content has been defined, and they are working on question format, and will engage the UNH Survey Center to help finalize the survey and enhance the return rate on the survey.

With the four main chapters, Ms. Killam said she would like to get some help from the Planning Board members to establish some team leaders and form subcommittees for each of the chapters. This would mean to work on the enhancements needed and merge this with the results of the survey which UNH will have tabulated, and bring these four chapters together in November. The balance is to be done next spring.

Ms. Killam noted that Selectman Sapia has volunteered to work on Community Facilities and has been working on getting other citizens involved in helping him. Ms. Killam pointed out that the whole process is so long that it is daunting to volunteers looking at working for 1½ yrs.; but these current planned subcommittees should only be looking at 1 ½ mos. of commitment.

Mr. Stewart noted that he has been very busy and finds it difficult to volunteer; and asked if the Planning Bd. Meetings were light, could they do master plan stuff at those meetings. Ms. Killam suggested that this meeting was too large for a subcommittee and that it would be better to find 5 helpers and work outside on updating the chapter. It is not starting from scratch; we only need to enhance, refresh, update. We are updating from 8 years ago.

Mr. Stewart commented that he would like to see residents understand that there has not been a development explosion; the only developing has been condos and clusters versus single-family homes. He would like to re-volunteer and commit but would like people on this committee rather than just an individual. He wanted the television audience to be aware that it is not the Planning Board deciding the future of Atkinson, but that the Board is charged with the responsibility of making sure that the update occurs. It is not for the Planning Board to be the only ones involved.

Ms. Killam pointed out that there was a new volunteer joining the Master Plan group next week.

Mr. Greenwood had comments regarding the natural resources chapter, which appears to need the most work (not just a refresh). There is a considerable amount of work that should occur and done in conjunction with the Conservation Commission. It was noted that Mr. Dziechowski, a Planning Board member, is also chairman of the Conservation Commission. Mr. Greenwood explained that it is the weakest chapter from the 1998 version; there are 5 pages where there should be about 20 pages. There is no real local input; but the information, that is in there, must have been supplied by his office. They would hope to get a coordinated effort from the Conservation Commission.

Ms. Killam thought this might be a good chapter for Mr. Stewart who knows the town inside and out. Mr. Greenwood reported that RPC has been working the last few years on putting together a standard map set for each community. Three to four of the ten maps revolve around natural resources. They use only a source layer of information available and provided to them by USGS, Granite State, and Spiniff with local gaps. So an effort such as is now planned will help fill in the gaps with all the information that exists. This does not mean that you would be creating the information, but rather drawing if from other groups in the natural resources community. This information is not currently reflected in the Master Plan.

Mr. DiMaggio asked what the four chapters were again; and Ms. Killam answered: Natural Resources for which she just volunteered Mr. Dziechowski; and then Community Facilities for which Mr. Sapia and Mr. Guischard have volunteered. Ms. Killam explained that the facilities chapter would include what has recently been built (last 8 yrs.) and this subcommittee would interface with the Building Needs Committee for future plans.

A third chapter is the Historic and Cultural which is currently about 12 pages; and there is a whole book from way back in 1975/Cultural Survey which can be used to draw on for information. Mr. DiMaggio and Mr. Earley volunteered for this chapter and will consider including long time resident and Planning Bd. member, Jake Collins.

Each chapter has text, goals, objectives, and recommendations/guidelines for the future. At the end of each chapter is a set of meaningful recommendations; and Ms. Killam felt it very important that these subcommittees ensure the preservation, protection of the area by creating …… Mr. Greenwood suggested doing a Historic Commission (not a district) and it acts to preserve and make known the historic and cultural resources. Atkinson also has a Historical Society which is very active.

Fourth chapter is Existing Land Use, and members volunteered absent members Mr. Fletcher and Morse for this chapter.

Mr. Stewart noted regarding reaching out for help, that Russ, Town Administrator has put together a lot of information which can be drawn on~~ Ms. Miner was interested in the chapter on community facilities and Ms. Killam noted there will likely be a lot of input required in the chapters when the survey comes back.

Beyond the four major chapters, Rockingham Planning will help with community profiling of the housing and transportation elements over the winter and into the spring. The grant money runs through June 30, 2007. The money became available in July. Next spring there is a chapter to work on: Future Land Use.

There are two new chapters, which the state has asked to be added, and Rockingham Planning will help with these. (1) Natural Hazards-Mr. Greenwood explained this one is entirely funded by a grant from the Office of Energy Management. Over the last four years, they have been funding Planning Commissions all around the state (4-5 a year); and Atkinson is in this year’s program. David West will be working with the town and his recommendations will become part of this Master Plan. (2) Regional Perspective of the Local Master Plan. As Mr. Greenwood’s office completes their regional master plan, which they are required to do, they will provide an executive summary to the communities that will encourage people to adopt at the local level/an outlook at regional issues in their area. Atkinson would likely be concerned with issues involving the interior rather than coastal issue.

Ms. Killam pointed out that the town Planning office has master plan books, where copies of these chapters may be made. Rockingham Planning has them available on disc as well. Ms. Killam volunteered to work with Mr. Fletcher and Mr. Morse on the Land Use chapter.

Mr. DiMaggio asked when the individual chapters should be finalized; and Ms. Killam noted ideally be done and through a public hearing process by the end of this year. Mr. DiMaggio asked about being able to use the feedback from the survey and when it might be ready; and Ms. Killam noted that UNH is supposed to help but with recent lack of response, it may be too late and so UNH will not be used.

OTHER BUSINESS:

Mr. Stewart reported he had done a bond review with Steve Keach, Town Engineering Services. He observed a flaw in the town system for road building steps. The town allows the roads to stay in binder status forever or at the developer’s will when he wants the road accepted. We need to make a change, especially with the cost of construction, road work, and asphalt increasing over 50% in the last two years. We have roads passing inspection at binder and having to be totally rebuilt in a six year time frame. The town is not bonding adequately enough to cover these costs or losses.

Ms. Killam asked which roads are still in binder; and Mr. Stewart answered Ashford Drive and Brigham Lane. Carriage Chase and Deer Run Ext. have topcoats. Ms. Killam asked how Deer Run got a topcoat paved, as there are no houses built yet; and she felt the guidelines were for house to be built first. Mr. Stewart noted there is a guideline in Planning that says it should be 75% done. There is nothing in the regulations to stop builders from binding and topping in the same year. He would like to work with Mr. Greenwood on this issue. It is a proper item to have in the regulations: that a new road should go through a winter (fairly common standard); some have gone as many as three years.

Mr. Stewart noted additionally what Atkinson lacks is an ending date; it shouldn’t go past three years. He would like to give the builders options. For example, if they don’t expect to be built out to 75% in a three- year time frame, then they can supplement the sub grade with asphalt injection and do a single coarse binder instead. Give them options with the idea that the town wants a well, constructed road when the town is going to eventually take control of it. Give the developer a time frame, like three years and what is acceptable, and after that time it is going to cost more money.

Mr. Greenwood asked if the town does a lot of private roads; answer some in the last few years with condo development but they are built to town specs. This is wise because it is possible for a petition for approval to get through town meeting. Mr. Stewart noted wording regarding condo agreements eliminating this possibility.

Mr. Earley asked with whom Mr. Stewart should work for the proper wording to go before the town; and Ms. Killam felt where ordinances are being changed, Rockingham Planning is the best place for the wording. Mr. Greenwood pointed out that from a technical standpoint, the town would want Keach/Nordstrom involved; and yes, Regional Planning can show what other towns have done and the language used to feel comfortable with the sequence of getting a road from early to final construction with the potential of the town taking it over. It is very individualized. He can have some samples of several ways it has been done in a couple of weeks.

Mr. Earley suggested starting immediately in order to be ready for town meeting in March; and Mr. Greenwood said it is often found in subdivision and site plan review regulations and if this is the case, it is not a town meeting vote, but rather a Planning Board vote. Still, start early.

Ms. Killam asked Mr. Stewart when he was looking at these roads, were there recommendations to increase the bonds because what is being held is no longer sufficient; and Mr. Stewart answered, yes, and he had hoped to see it in the recent inspection reports submitted. Ms. Killam pulled out and reviewed Mr. Keach’s recent reports.

Little River Rd. already has a topcoat; and Mr. Stewart said when they inspected, the builder had just done the final repair not the topcoat. The inspector’s report notes a call to the developer about needing to be present for the final coat and the developer saying there was no need, as he trusted the paving company; and it was done within a day of the repair, and without an inspector observing the paving which is what is generally done.

Mr. Stewart noted that it is difficult to prevent rules being broken; but once they have been broken, we can do something. Ms. Killam noted how important it was to have this documentation. Mr. DiMaggio added that it is important to put them on notice that they have violated the regulations. These reports are also supposed to be sent to the owners of roads; and Ms. Killam is most certain that this is not happening either.

Second report on same road, requesting a bond release based on inspection of loaming, seeding and erosion control. Mr. Greenwood suggested that it is important to make the developer aware that this report is a notice of violation. If it is not understood by the developer, that this report is a notice of a violation, then the Planning Board should not allow much time to lapse between letting them know that they have an inspectable activity going without inspection. The remedies are to do core borings to determine if it has been done properly; and if you do that you want to be very much involved in who is doing the work, and where the results are going to be sent, and how you are going to find out when it was approximately done. Mr. DiMaggio added that the other option is the town has the road ripped up. Mr. Greenwood concluded, in any event, you want them put on notice of the violation as soon as possible.

The inspection report is just that, a report, not a notice of violation. Mr. DiMaggio pointed out another potential flaw in the system is: where these reports go, and who issues the violation notice. Ms. Killam added it was a flawed process. Mr. Stewart said the flaw in the system is that no notice of violation is sent and the owners or contractors are not notified. He is confident that the work isn’t slipping through the town inspectors; they are making these findings and putting them in writing.

Ms. Killam continued that the next step is for someone to define how this should be remedied along with a time line to accomplish it. Mr. Stewart felt the engineering firm, who does the inspections, should be the ones working with the developers and explaining how to get past any failure and what their remedies are. He felt the engineering firm was the only body qualified to do this.

Ms. Killam noted that these reports as reviewed did not include the recommendations for bond increase that Mr. Stewart expected. These are just yearly bond evaluations; all have deficiencies, and punch lists.

Mr. DiMaggio began reading regulations and Mr. Stewart explained that the state does binder and topcoat in the same year without over-wintering and they take ownership. This is different from private roads, which need to be monitored. Mr. Earley suggested asking Mr. Keach where the punch lists are and when they are coming out. Mr. Stewart pointed out that there were 6 hours of inspection and would likely involve about 20 hours of writing. We may see them in a week or two.

Mr. DiMaggio made a motion to hold a public hearing to include a proposed amendment to RSA 450:1A, being RSA 450:2 to read: All roads will go one winter in binder before the wearing coat is applied, with a maximum of three winters of binder exposure; Mr. Stewart seconded; Vote: all in favor.

This to be set up for the next planning meeting.

Further discussion:

Mr. DiMaggio suggested the need for posting a notice that developers take a risk if they continue in this manner. Mr. Early questioned being able to enforce the posting and Ms. Killam questioned enforcing the maximum three years. Issues to address at the public hearing.

Mr. Stewart suggested if the road is not topped within three years, then the bond be considered dead. Ms. Killam suggested the need to overhaul the town’s bonding procedures.

The publicly televised meeting closed at 9:05p.m.

Minutes of the June 21, 2006 meeting were reviewed by members present at that meeting: Mr. DiMaggio, Ms. Killam, Ms. Miner, Mr. Earley and Mr. Stewart.

Mr. DiMaggio moved to accept the minutes of the June 21, 2006 meeting as submitted; Mr. Earley seconded; Vote: all in favor.

Minutes of the July 19, 2006 meeting were reviewed by members present at that meeting: Ms. Killam, Ms. Miner, Mr. DiMaggio, Mr. Stewart, Mr. Guischard, and Mr. Earley.

Recording secretary presented a number of typographical errors.

Pg. 5- top para-change bulleting to bulletin.

Pg. 6- para 1-change ensue to ensure.

Para 6-change land to lane.

Pg. 7-2nd last para-change Mr. Stewart not to noted.

Pg. 9-para 2-change form to from

Pg. 10-last para-change or to of..

Mr. Earley moved to accept the minutes of the July 19, 2006 meeting as submitted with appropriate grammatical changes recommended by the secretary; Mr. DiMaggio seconded; Vote: all in favor.

NEW BUSINESS:

Mr. DiMaggio had an inquiry from a resident, regarding plans for lights on the new bridge on Rte. 121, not traffic lights, just lights. Mr. DiMaggio noted that Mr. Stewart has said that the bridge is a ‘fait accompli’ and nothing can be done at this point. Mr. Stewart explained that the difficult part for Atkinson is that the bridge is actually in Plaistow; and for Atkinson to ask the state for anything, would be asking Plaistow to take on the responsibility of maintenance costs. Mr. Lewis made a proposal to the Selectmen while the state engineers were present. The project had been explained to the town and everyone at that time felt it was a good project but out of the town’s hands to make any recommendations happen because it was outside of our town. Ms. Miner asked why no one from Atkinson went to Plaistow to make a proposal/ or have a discussion. Mr. Stewart continued that there was no incentive regarding making the entrance to Atkinson more attractive and spend their taxpayers’ money and have the continued upkeep forever. Ms. Miner continued that possibly it should have been gone after via the issue of safety. Mr. Stewart said he was advised that all safety issues would be covered and standards met. Ms. Killam pointed out that Atkinson had asked for some signalization for Hilldale Ave., but it didn’t happen.

Ms. Killam noted that this whole project started over 5 years ago with first input; and Mr. Earley remembered the issue of the community center parking lot needing to be paved, and luckily Atkinson decided not to pave and now the state is parking there and will repave the lot in trade. Mr. Stewart added in that regard that the town of Atkinson has been treated very well by the state as they are redoing part of Hilldale Ave. as well. Mr. Stewart felt uneasy about asking the state for more; and Mr. DiMaggio noted he wasn’t necessarily asking for more. In the issue of lighting maybe the town could investigate the likelihood and potential to contribute to the maintenance cost.

Mr. Greenwood explained that it is likely a very long- range project and the budget established as well. The state is generally reluctant to amend afterwards. Mr. Earley suggested looking at the plans to see if they include lights.

Ms. Killam wondered if this project would be finalized before the winter; and Mr. Stewart reported a planned opening in July of 2007.

Meeting adjourned at 9:30p.m.

APPROVED:__________________________

RESPECTFULLY SUBMITTED: Joanne Carbone, Recording Secretary